1) contract management
Contract management can be subdivided into contract audit, contract template library, contract management system, contract seal filing, contract performance management and so on. Contract management is the basic skill of legal affairs, accounting for 20%-30% of the department's work, so establishing and perfecting the company's contract management system is also the focus of the whole legal department.
First, formulate the company's contract management regulations. The requirements of contract review, seal, filing, audit and management process are stipulated from the system level, which makes contract management institutionalized and standardized, and the contract management work can be based on evidence.
Secondly, refine the contract management process and improve the efficiency of contract management. Specifically, it can be divided into formulating contract review guidelines, standardizing contract approval processes, establishing company contract templates, taking charge of contract seal filing management, regularly reviewing contract performance, and training on contract management issues. I won't discuss them here. Taking the contract review as an example, I will form my own review ideas in the contract review. I. What should I pay attention to when reviewing different types of contracts? 2. What are the common problems in the contract? 3. What are the most controversial places?
2) Legal consultation
Legal consultation is usually aimed at the problems encountered in commercial transactions, giving legal advice from a legal point of view, prompting the legal risks that commercial transactions may face, and giving feasible legal suggestions and measures. Legal consultation is a test of the breadth of legal professional knowledge, involving a wide range of knowledge, including company law, labor contract law, contract law, administrative law, criminal law, advertising law, anti-unfair competition, industrial injury insurance, construction engineering and so on. So the professionalism of legal affairs in law is not as high as that of judges and lawyers. It is not that people engaged in legal work have low professional ability, but that the scope of legal work is extremely extensive. Unless you are very talented, it is difficult to do every field.
3) Litigation case management
The management of litigation cases is well understood as the legal representative of the company appearing in court to respond or prosecute. The number of litigation cases and the success rate are important indicators to evaluate the work of the Ministry of Justice. Our company has about 2-3 lawsuits a year. If it is not particularly complicated, we will not hire external lawyers. The general procedure of handling litigation cases is to sort out the basic situation of the case, make clear the demands of the company or the other party and the focus of disputes between the two parties, analyze the legal relationship corresponding to different demands, find the defense ideas according to the legal relationship, then find the evidence supporting your own views according to the defense ideas, and finally integrate different defense ideas to form different litigation strategies, so as to have a rough estimate of the best and worst litigation results.
4) Compliance training
Compliance training is to produce various training courses to improve employees' legal knowledge and avoid employees' various violations of discipline. Compliance training belongs to the prevention and control of legal risks in advance, which is similar to vaccination and telling employees not to do these behaviors, otherwise there will be legal consequences, what is the right behavior and so on. Compliance training is also very extensive, including anti-monopoly training, anti-unfair competition training, anti-commercial bribery training, duty crime prevention training, litigation evidence collection training, marketing legal risk training, government law enforcement investigation response training, contract law training, consumer rights protection training, labor law training and so on. Compliance training is an interesting part of all kinds of legal work. Can organize training activities, make training courseware, training posters, record training videos, conduct training questions and answers, draw prizes, etc. Increase the interest of training. Compliance training is to simplify and make boring legal professional knowledge interesting, improve the legal literacy of company employees and prevent legal risks.
5) System construction
System construction is to formulate and manage all kinds of system documents of the company, so as to streamline, institutionalize and standardize all business of the company. The Legal Department needs to formulate the company's system management norms, stipulate the formulation, approval, release, implementation, modification, abolition and filing procedures of the company's rules and regulations, methods, norms, detailed rules and guidelines, assist all departments in formulating the company's or department's management regulations, review the compliance of the regulations, and regularly sort out the company's system accounts.
6) seal and license management
Seal management is responsible for the use and management of the company's official seal, contract seal and other seals, including seal application approval, seal management system formulation, seal engraving, storage and use. License management is responsible for the handling, alteration, preservation and use of the company's business license.
In addition to the above work, according to the responsibilities of different companies, the Legal Department may also be responsible for the management of important documents such as trademark management, workers' congress, articles of association and resolutions of the board of directors.